Important COVID-19 updates to LMIA recruitment requirements and processing standards
Effective June 10, 2020 and until further notice, the Temporary Foreign Worker Program (TFWP) is prioritizing certain occupations which are considered essential during the COVID-19 pandemic. Some occupations are being exempt from minimum recruitment requirements and receiving priority processing, while others are being prioritized but they must still follow recruitment requirements. The list of occupations currently eligible (which updates the March 20, 2020 list) is reproduced below.
Priority Processing for All Provinces Except Quebec
The TFWP is prioritizing and waiving minimum recruitment requirements for the following occupations:
6331-Butchers, meat cutters and fishmongers-retail and wholesale
8252- Agricultural service contractors, farm supervisors and specialized livestock workers
8431- General Farm Workers
8432- Nursery and Greenhouse Workers
8611- Harvesting labourers
9462- Industrial butchers and meat cutters, poultry preparers and related workers
9463- Fish and seafood plant workers
9617- Labourers in food, beverage and associated products processing
9618- Labourers in fish and seafood processing
The TFWP is prioritizing and not waiving the minimum recruitment requirements for the following occupations:
3012 - Registered nurses and registered psychiatric nurses
3111 - Specialist physicians
3112 - General practitioners and family physicians
3124 - Allied primary health practitioners
3131 - Pharmacists
3211 - Medical laboratory technologists
3212 - Medical laboratory technicians and pathologists' assistants
3214 - Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
3219 - Other medical technologists and technicians (except dental health)
3233 - Licensed practical nurses
3237 - Other technical occupations in therapy and assessment
3413 - Nurse aides, orderlies and patient service associates
3414 - Other assisting occupations in support of health services
6731 - Light duty cleaners
7511 - Transport truck drivers
Priority Processing in Quebec
The TFWP in Quebec is prioritizing and waiving minimum recruitment requirements for the following occupations:
3012 - Registered nurses and registered psychiatric nurses
3111 - Specialist physicians
3112 - General practitioners and family physicians
3124 - Allied primary health practitioners
3131 - Pharmacists
3211 - Medical laboratory technologists 9463- Fish and seafood plant workers
3212 - Medical laboratory technicians and pathologists' assistants
3214 - Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
3219 - Other medical technologists and technicians (except dental health)
3233 - Licensed practical nurses
3237 - Other technical occupations in therapy and assessment
3413 - Nurse aides, orderlies and patient service associates
3414 - Other assisting occupations in support of health services
6731 - Light duty cleaners
6331- Butchers, meat cutters and fishmongers-retail and wholesale
8252- Agricultural service contractors, farm supervisors and specialized livestock workers
8431- General Farm Workers
8432- Nursery and Greenhouse Workers
8611- Harvesting labourers
9462- Industrial butchers and meat cutters, poultry preparers and related workers
9463- Fish and seafood plant workers
9617- Labourers in food, beverage and associated products processing
9618- Labourers in fish and seafood processing
The TFWP in Quebec is prioritizing and not waiving the minimum recruitment requirements for the following occupation:
7511 - Transport truck drivers
Additional Recruitment due to COVID-19
Employment and Social Development Canada (ESDC) also announced that due to the economic impact of COVID-19, such as higher unemployment rates, recruitment efforts are required to take place under the current labour market to ensure that Canadians and Permanent Residents continue to be considered first for available jobs. This policy applies to pending LMIA applications received prior to June 15, 2020, and includes the following:
Any advertisements posted before March 15, 2020 may need to be re-posted for an additional two consecutive weeks
If applicable, Service Canada will contact the employer regarding re-advertising requirements
When re-advertising, employers must also meet all the minimum recruitment requirements described below
Andrew Carvajal is a Toronto lawyer, partner and Head of Economic Immigration at Desloges Law Group. He specializes in corporate immigration, temporary permits and all types of permanent residence applications for professionals and entrepreneurs.
Twitter: @CarvajalLaw
LinkedIn:linkedin.com/in/carvajalandrew
Email: acarvajal@desloges.ca
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